New PSC to tackle FPL issues

By Sun-Sentinel


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A newly constituted Public Service Commission plans to weigh seven Florida Power & Light issues, including the utility's energy conservation program and its request to charge customers for the up to $7 million cost of upgrading a coal power plant in Georgia.

It will be the first meeting for Julie Brown, an attorney from Tampa, who was appointed recently along with Eduardo Balbis, a former West Palm Beach city official, by Gov. Charlie Crist. Gov. Rick Scott hasn't announced plans to make his own appointments for the two seats, but he could.

The PSC will discuss seven FPL issues including:

Energy saving programs and discounts - In December 2009, regulators ordered FPL and other major utilities to save dramatically more energy. In response, several utilities including FPL proposed new energy saving programs and rebates, but they did not meet the aggressive new goals set by the PSC. So the commission ordered Progress Energy, Tampa Electric and Gulf Power to propose new goals. The commission was expected to do the same for FPL but had deferred considering the utility's proposal pending a court decision on another issue.

Coal plant upgrade - FPL proposes passing the $5 million to $7 million cost of upgrading a coal plant in Georgia through environmental or fuel fees customers pay on their monthly bills. The PSC staff recommends denying the request. FPL projects the energy-efficient improvements could save customers $240 million in fuel costs in the long-term.

Fortifying the grid - The PSC will also discuss FPL's plans to strengthen its grid against storms. Since Hurricane Wilma struck in 2005, the state's largest utility has spent $623 million to prepare its grid, trimming trees along 47,000 miles of power lines, inspecting a half-million utility poles and upgrading equipment near every major hospital. The improvements have not yet made much of a difference in the number and length of outages – information that is reported to the state's Public Service Commission – and some utility experts say regulators should analyze how customers' money is used for upgrades.

FPL profits - A PSC staff report in October found FPL's profit margin in May and June appeared to exceed the 11 percent maximum allowed by regulators. The staff floated keeping tabs on the profit margin to see if customers might eventually qualify for a refund or credit.

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California Faces Power Outages and Landslides Amid Severe Storm

California Storm Outages and Landslides strain utilities, trigger flooding, road closures, and debris flows, causing widespread power cuts and infrastructure damage as emergency response teams race to restore service, clear slides, and support evacuations.

 

Key Points

California Storm Outages and Landslides are storm-driven power cuts and slope failures disrupting roads and utilities.

✅ Tens of thousands face prolonged power outages across regions

✅ Landslides block highways, damage property, hinder access

✅ Crews restore grids, clear debris, support shelters and evacuees

 

California is grappling with a dual crisis of power outages and landslides following a severe storm that has swept across the state. The latest reports indicate widespread disruptions affecting thousands of residents and significant infrastructure damage. This storm is not only a test of California's emergency response capabilities but also a stark reminder of the increasing vulnerability of the state to extreme weather events, and of the U.S. electric grid in the face of climate stressors.

Storm’s Impact on California

The recent storm, which hit California with unprecedented intensity, has unleashed torrential rain, strong winds, and widespread flooding. These severe weather conditions have overwhelmed the state’s infrastructure, leading to significant power outages that are affecting numerous communities. According to local utilities, tens of thousands of homes and businesses are currently without electricity. The outages have been exacerbated by the combination of heavy rain and gusty winds, which have downed power lines and damaged electrical equipment.

In addition to the power disruptions, the storm has triggered a series of landslides across various regions. The combination of saturated soil and intense rainfall has caused several hillside slopes to give way, leading to road closures and property damage. Emergency services are working around the clock to address the aftermath of these landslides, but access to affected areas remains challenging due to blocked roads and ongoing hazardous conditions.

Emergency Response and Challenges

California’s emergency response teams are on high alert as they coordinate efforts to manage the fallout from the storm. Utility companies are deploying repair crews to restore power as quickly as possible, but the extensive damage to infrastructure means that some areas may be without electricity for several days. The state’s Department of Transportation is also engaged in clearing debris from landslides and repairing damaged roads to ensure that emergency services can reach affected communities.

The response efforts are complicated by the scale of the storm’s impact. With many areas experiencing both power outages and landslides, the logistical challenges are immense. Emergency shelters have been set up to provide temporary refuge for those displaced by the storm, but the capacity is limited, and there are concerns about overcrowding and resource shortages.

Community and Environmental Implications

The storm’s impact on local communities has been profound. Residents are facing not only the immediate challenges of power outages and unsafe road conditions but also longer-term concerns about recovery and rebuilding. Many individuals have been forced to evacuate their homes, and local businesses are struggling to cope with the disruption.

Environmental implications are also significant. The landslides and flooding have caused considerable damage to natural habitats and have raised concerns about water contamination and soil erosion. The impact on the environment could have longer-term consequences for the state’s ecosystems and water supply.

Climate Change and Extreme Weather

This storm underscores a growing concern about the increasing frequency and intensity of extreme weather events linked to climate change. California has been experiencing a rise in severe weather patterns, including intense storms, prolonged droughts, and extreme heat waves that strain the grid. These changes are putting additional strain on the state’s infrastructure and emergency response systems.

Experts have pointed out that while individual storms cannot be directly attributed to climate change, the overall trend towards more extreme weather is consistent with scientific predictions. As such, there is a pressing need for California to invest in infrastructure improvements and resilience measures, and to consider accelerating its carbon-free electricity mandate to better withstand future events.

Looking Ahead

As California deals with the immediate aftermath of this storm, attention will turn to recovery and rebuilding efforts. The state will need to address the damage caused by power outages and landslides while also preparing for future challenges posed by climate change.

In the coming days, the focus will be on restoring power, clearing debris, and providing support to affected communities. Long-term efforts will likely involve reassessing infrastructure vulnerabilities, improving emergency response protocols, and investing in climate resilience measures across the grid.

 

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5,000 homes would be switched to geothermal energy free of charge

Manitoba NDP Geothermal Conversion Program offers full-cost heat pump installation for 5,000 homes, lowering electricity bills, funding contractor training and rebates, and cutting greenhouse gas emissions via geothermal energy administered by Efficiency Manitoba.

 

Key Points

A plan funding 5,000 home heat pump conversions to cut electricity bills, reduce emissions, and expand installer capacity.

✅ Covers equipment and installation for 5,000 homes

✅ Cuts electricity bills up to 50% vs electric heat

✅ Administered by Efficiency Manitoba; trains contractors

 

An NDP government would cover the entire cost for 5,000 families to switch their homes to geothermal energy, New Democrats have promised.

If elected on Oct. 3, the NDP will pay for the equipment and installation of new geothermal systems at 5,000 homes, St. James candidate Adrien Sala announced outside a St. Boniface home that previously made the switch. 

The homes that switch to geothermal energy could save as much as 50 per cent on their electricity bills, Sala said.

"It will save you money, it will grow our economy and it will reduce greenhouse gas emissions. And I think we can safely call that a win, win, win," Sala said.

Geothermal energy is derived from heat that is generated within the Earth.

The NDP said each conversion to geothermal heating and cooling would cost an estimated $26,000, and comes as new turbine investments advance in Manitoba, and it would take four years to complete all 5,000 conversions.

The program would be administered through Efficiency Manitoba, the Crown corporation responsible for conserving energy, as Manitoba Hydro's new president navigates changes at the utility. The NDP estimates it will cost $32.5 million annually over the four years, at a time of red ink at Manitoba Hydro as new power generation needs loom. Some of that money would support the training of more contractors who could install geothermal systems.


Subsidies get low pickup: NDP
Sala wouldn't say Wednesday which homeowners or types of homes would be eligible.

He said the NDP's plan would be a first in Canada, even as Ontario's energy plan seeks to address growing demand elsewhere.

"What we've seen elsewhere is where other jurisdictions have used a strict subsidy model, where they try to reduce the cost of geothermal, and while Ontario reviews a halt to natural gas generation to cut emissions, approaches differ across provinces. We really haven't seen a lot of uptake in those other jurisdictions," Sala said.

"This is an attempt at dealing with one of those key barriers for homeowners."

Efficiency Manitoba runs a subsidy program for geothermal energy through ground source heat pumps, supporting using more electricity for heat across the province, valued at up to $2.50 per square foot. It is estimated a 1,600 sq. ft. home switching from an electric furnace to geothermal will receive a rebate of around $4,000 and save around $900 annually on their electricity bills, the Crown corporation said.anitoba homeProgressive Conservative spokesperson Shannon Martin questioned how NDP Leader Wab Kinew can afford his party's numerous election promises.

"He will have no choice but to raise taxes, and history shows the NDP will raise them all," said Martin, the McPhillips MLA who isn't seeking re-election.

Wednesday's announcement was the first for the NDP in which Kinew wasn't present. The party has criticized the Progressive Conservatives for leader Heather Stefanson showing up for only a few announcements a week.

Sala said Kinew was busy preparing for the debate later in the day.

"This stuff is near and dear to Wab's heart, and frankly, I think he's probably hurting that he's not here with us right now."

 

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UK must start construction of large-scale storage or fail to meet net zero targets.

UK Hydrogen Storage Caverns enable long-duration, low-carbon electricity balancing, storing surplus wind and solar power as green hydrogen in salt formations to enhance grid reliability, energy security, and net zero resilience by 2035 and 2050.

 

Key Points

They are salt caverns storing green hydrogen to balance wind and solar, stabilizing a low-carbon UK grid.

✅ Stores surplus wind and solar as green hydrogen in salt caverns

✅ Enables long-duration, low-carbon grid balancing and security

✅ Complements wind and solar; reduces dependence on flexible CCS

 

The U.K. government must kick-start the construction of large-scale hydrogen storage facilities if it is to meet its pledge that all electricity will come from low-carbon electricity sources by 2035 and reach legally binding net zero targets by 2050, according to a report by the Royal Society.

The report, "Large-scale electricity storage," published Sep. 8, examines a wide variety of ways to store surplus wind and solar generated electricity—including green hydrogen, advanced compressed air energy storage (ACAES), ammonia, and heat—which will be needed when Great Britain's electricity generation is dominated by volatile wind and solar power.

It concludes that large scale electricity storage is essential to mitigate variations in wind and sunshine, particularly long-term variations in the wind, and to keep the nation's lights on. Storing most of the surplus as hydrogen, in salt caverns, would be the cheapest way of doing this.

The report, based on 37 years of weather data, finds that in 2050 up to 100 Terawatt-hours (TWh) of storage will be needed, which would have to be capable of meeting around a quarter of the U.K.'s current annual electricity demand. This would be equivalent to more than 5,000 Dinorwig pumped hydroelectric dams. Storage on this scale, which would require up to 90 clusters of 10 caverns, is not possible with batteries or pumped hydro.

Storage requirements on this scale are not currently foreseen by the government, and the U.K.'s energy transition faces supply delays. Work on constructing these caverns should begin immediately if the government is to have any chance of meeting its net zero targets, the report states.

Sir Chris Llewellyn Smith FRS, lead author of the report, said, "The need for long-term storage has been seriously underestimated. Demand for electricity is expected to double by 2050 with the electrification of heat, transport, and industrial processing, as well as increases in the use of air conditioning, economic growth, and changes in population.

"It will mainly be met by wind and solar generation. They are the cheapest forms of low-carbon electricity generation, but are volatile—wind varies on a decadal timescale, so will have to be complemented by large scale supply from energy storage or other sources."

The only other large-scale low-carbon sources are nuclear power, gas with carbon capture and storage (CCS), and bioenergy without or with CCS (BECCS). While nuclear and gas with CCS are expected to play a role, they are expensive, especially if operated flexibly.

Sir Peter Bruce, vice president of the Royal Society, said, "Ensuring our future electricity supply remains reliable and resilient will be crucial for our future prosperity and well-being. An electricity system with significant wind and solar generation is likely to offer the lowest cost electricity but it is essential to have large-scale energy stores that can be accessed quickly to ensure Great Britain's energy security and sovereignty."

Combining hydrogen with ACAES, or other forms of storage that are more efficient than hydrogen, could lower the average cost of electricity overall, and would lower the required level of wind power and solar supply.

There are currently three hydrogen storage caverns in the U.K., which have been in use since 1972, and the British Geological Survey has identified the geology for ample storage capacity in Cheshire, Wessex and East Yorkshire. Appropriate, novel business models and market structures will be needed to encourage construction of the large number of additional caverns that will be needed, the report says.

Sir Chris observes that, although nuclear, hydro and other sources are likely to play a role, Britain could in principle be powered solely by wind power and solar, supported by hydrogen, and some small-scale storage provided, for example, by batteries, that can respond rapidly and to stabilize the grid. While the cost of electricity would be higher than in the last decade, we anticipate it would be much lower than in 2022, he adds.

 

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Renewables surpass coal in US energy generation for first time in 130 years

Renewables Overtake Coal in the US, as solar, wind, and hydro expand grid share; EIA data show an energy transition accelerated by COVID-19, slashing emissions, displacing fossil fuels, and reshaping electricity generation and climate policy.

 

Key Points

It refers to the milestone where US renewable energy generation surpassed coal, marking a pivotal energy transition.

✅ EIA data show renewables topped coal consumption in 2019.

✅ Solar, wind, and hydro displaced aging, costly coal plants.

✅ COVID-19 demand drop accelerated the energy transition.

 

Solar, wind and other renewable sources have toppled coal in energy generation in the United States for the first time in over 130 years, with the coronavirus pandemic accelerating a decline in coal that has profound implications for the climate crisis.

Not since wood was the main source of American energy in the 19th century has a renewable resource been used more heavily than coal, but 2019 saw a historic reversal, building on wind and solar reaching 10% of U.S. generation in 2018, according to US government figures.

Coal consumption fell by 15%, down for the sixth year in a row, while renewables edged up by 1%, even as U.S. electricity use trended lower. This meant renewables surpassed coal for the first time since at least 1885, a year when Mark Twain published The Adventures of Huckleberry Finn and America’s first skyscraper was erected in Chicago.

Electricity generation from coal fell to its lowest level in 42 years in 2019, with the US Energy Information Administration (EIA) forecasting that renewables will eclipse coal as an electricity source this year, while a global eclipse by 2025 is also projected. On 21 May, the year hit its 100th day in which renewables have been used more heavily than coal.

“Coal is on the way out, we are seeing the end of coal,” said Dennis Wamsted, analyst at the Institute for Energy Economics and Financial Analysis. “We aren’t going to see a big resurgence in coal generation, the trend is pretty clear.”

The ongoing collapse of coal would have been nearly unthinkable a decade ago, when the fuel source accounted for nearly half of America’s generated electricity, even as a brief uptick in 2021 was anticipated. That proportion may fall to under 20% this year, with analysts predicting a further halving within the coming decade.

A rapid slump since then has not been reversed despite the efforts of the Trump administration, which has dismantled a key Barack Obama-era climate rule to reduce emissions from coal plants and eased requirements that prevent coal operations discharging mercury into the atmosphere and waste into streams.

Coal releases more planet-warming carbon dioxide than any other energy source, with scientists warning its use must be rapidly phased out to achieve net-zero emissions globally by 2050 and avoid the worst ravages of the climate crisis.

Countries including the UK and Germany are in the process of winding down their coal sectors, and in Europe renewables are increasingly crowding out gas as well, although in the US the industry still enjoys strong political support from Trump.

“It’s a big moment for the market to see renewables overtake coal,” said Ben Nelson, lead coal analyst at Moody’s. “The magnitude of intervention to aid coal has not been sufficient to fundamentally change its trajectory, which is sharply downwards.”

Nelson said he expects coal production to plummet by a quarter this year but stressed that declaring the demise of the industry is “a very tough statement to make” due to ongoing exports of coal and its use in steel-making. There are also rural communities with power purchase agreements with coal plants, meaning these contracts would have to end before coal use was halted.

The coal sector has been beset by a barrage of problems, predominantly from cheap, abundant gas that has displaced it as a go-to energy source. The Covid-19 outbreak has exacerbated this trend, even as global power demand has surged above pre-pandemic levels. With plunging electricity demand following the shutting of factories, offices and retailers, utilities have plenty of spare energy to choose from and coal is routinely the last to be picked because it is more expensive to run than gas, solar, wind or nuclear.

Many US coal plants are ageing and costly to operate, forcing hundreds of closures over the past decade. Just this year, power companies have announced plans to shutter 13 coal plants, including the large Edgewater facility outside Sheboygan, Wisconsin, the Coal Creek Station plant in North Dakota and the Four Corners generating station in New Mexico – one of America’s largest emitters of carbon dioxide.

The last coal facility left in New York state closed earlier this year.

The additional pressure of the pandemic “will likely shutter the US coal industry for good”, said Yuan-Sheng Yu, senior analyst at Lux Research. “It is becoming clear that Covid-19 will lead to a shake-up of the energy landscape and catalyze the energy transition, with investors eyeing new energy sector plays as we emerge from the pandemic.”

Climate campaigners have cheered the decline of coal but in the US the fuel is largely being replaced by gas, which burns more cleanly than coal but still emits a sizable amount of carbon dioxide and methane, a powerful greenhouse gas, in its production, whereas in the EU wind and solar overtook gas last year.

Renewables accounted for 11% of total US energy consumption last year – a share that will have to radically expand if dangerous climate change is to be avoided. Petroleum made up 37% of the total, followed by gas at 32%. Renewables marginally edged out coal, while nuclear stood at 8%.

“Getting past coal is a big first hurdle but the next round will be the gas industry,” said Wamsted. “There are emissions from gas plants and they are significant. It’s certainly not over.”
 

 

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Energize America: Invest in a smarter electricity infrastructure

Smart Grid Modernization unites distributed energy resources, energy storage, EV charging, advanced metering, and bidirectional power flows to upgrade transmission and distribution infrastructure for reliability, resilience, cybersecurity, and affordable, clean power.

 

Key Points

Upgrading grid hardware and software to integrate DERs, storage, and EVs for a reliable and affordable power system.

✅ Enables DER, storage, and EV integration with bidirectional flows

✅ Improves reliability, resilience, and grid cybersecurity

✅ Requires early investment in sensors, inverters, and analytics

 

Much has been written, predicted, and debated in recent years about the future of the electricity system. The discussion isn’t simply about fossil fuels versus renewables, as often dominates mainstream energy discourse. Rather, the discussion is focused on something much larger and more fundamental: the very design of how and where electricity should be generated, delivered, and consumed.

Central to this discussion are arguments in support of, or in opposition to, the traditional model versus that of the decentralized or “emerging” model. But this is a false choice. The only choice that needs making is how to best transition to a smarter grid, and do so in a reliable and affordable manner that reflects grid modernization affordability concerns for utilities today. And the most effective and immediate means to accomplish that is to encourage and facilitate early investment in grid-related infrastructure and technology.

The traditional, or centralized, model has evolved since the days of Thomas Edison, but the basic structure is relatively unchanged: generate electrons at a central power plant, transmit them over a unidirectional system of high-voltage transmission lines, and deliver them to consumers through local distribution networks. The decentralized, or emerging, model envisions a system that moves away from the central power station as the primary provider of electricity to a system in which distributed energy resources, energy storage, electric vehicles, peer-to-peer transactions, connected appliances and devices, and sophisticated energy usage, pricing, and load management software play a more prominent role.

Whether it’s a fully decentralized and distributed power system, or the more likely centralized-decentralized hybrid, it is apparent that the way in which electricity is produced, delivered, and consumed will differ from today’s traditional model. And yet, in many ways, the fundamental design and engineering that makes up today’s electric grid will serve as the foundation for achieving a more distributed future. Indeed, as the transition to a smarter grid ramps up, the grid’s basic structure will remain the underlying commonality, allowing the grid to serve as a facilitator to integrate emerging technologies, including EV charging stations, rooftop solar, demand-side management software, and other distributed energy resources, while maximizing their potential benefits and informing discussions about California’s grid reliability under ambitious transition goals.

A loose analogy here is the internet. In its infancy, the internet was used primarily for sending and receiving email, doing homework, and looking up directions. At the time, it was never fully understood that the internet would create a range of services and products that would impact nearly every aspect of everyday life from online shopping, booking travel, and watching television to enabling the sharing economy and the emerging “Internet of Things.”

Uber, Netflix, Amazon, and Nest would not be possible without the internet. But the rapid evolution of the internet did not occur without significant investment in internet-related infrastructure. From dial-up to broadband to Wi-Fi, companies have invested billions of dollars to update and upgrade the system, allowing the internet to maximize its offerings and give way to technological breakthroughs, innovative businesses, and ways to share and communicate like never before.  

The electric grid is similar; it is both the backbone and the facilitator upon which the future of electricity can be built. If the vision for a smarter grid is to deploy advanced energy technologies, create new business models, and transform the way electricity is produced, distributed, and consumed, then updating and modernizing existing infrastructure and building out new intelligent infrastructure need to be top priorities. But this requires money. To be sure, increased investment in grid-related infrastructure is the key component to transitioning to a smarter grid; a grid capable of supporting and integrating advanced energy technologies within a more digital grid architecture that will result in a cleaner, more modern and efficient, and reliable and secure electricity system.

The inherent challenges of deploying new technologies and resources — reliability, bidirectional flow, intermittency, visibility, and communication, to name a few, as well as emerging climate resilience concerns shaping planning today, are not insurmountable and demonstrate exactly why federal and state authorities and electricity sector stakeholders should be planning for and making appropriate investment decisions now. My organization, Alliance for Innovation and Infrastructure, will release a report Wednesday addressing these challenges facing our infrastructure, and the opportunities a distributed smart grid would provide. From upgrading traditional wires and poles and integrating smart power inverters and real-time sensors to deploying advanced communications platforms and energy analytics software, there are numerous technologies currently available and capable of being deployed that warrant investment consideration.

Making these and similar investments will help to identify and resolve reliability issues earlier, and address vulnerabilities identified in the latest power grid report card findings, which in turn will create a stronger, more flexible grid that can then support additional emerging technologies, resulting in a system better able to address integration challenges. Doing so will ease the electricity evolution in the long-term and best realize the full reliability, economic, and environmental benefits that a smarter grid can offer.  

 

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Maryland’s renewable energy facilities break pollution rules, say groups calling for enforcement

Maryland Renewable Energy Violations highlight RPS compliance gaps as facilities selling renewable energy certificates, including waste-to-energy, biomass, and paper mills, face emissions and permit issues, prompting PSC and Attorney General scrutiny of environmental standards.

 

Key Points

Alleged RPS noncompliance by REC-eligible plants, prompting PSC review and potential decertification under Maryland law.

✅ Complaint targets waste-to-energy, biomass plants, and paper mills

✅ Facilities risk loss of REC certification for environmental violations

✅ PSC may investigate nonreporting; AG reviewing evidence

 

Many facilities that supply Maryland with renewable energy have exceeded pollution limits or otherwise broken environmental rules, violating a state law, according to a complaint sent by environmental groups to state energy and law enforcement officials.

Maryland law says that any company that contributes to a state renewable energy goal — half the state’s energy portfolio must come from renewable sources by 2030 — must “substantially comply” with rules on air and water quality and waste management. The complaint says more than two dozen power generators, including paper mills and trash incinerators, have records of formal or informal enforcement actions by environmental authorities.

For years, environmental groups have criticized Maryland policy that counts power plants that produce planet-warming carbon dioxide and health-threatening pollution as “renewable” energy generation, and similar tensions have emerged in California’s reliance on fossil fuels despite ambitious targets, but lawmakers concerned about protecting industrial jobs have resisted reforms. The renewable label qualifies the companies for subsidies drawn from energy bills across the state.

In a complaint filed this week, the groups asked the attorney general and Public Service Commission to step in.

“We’re subsidizing companies to produce dirty energy, but we’re also using ratepayer money to support companies that in many instances are paying environmental fines or just flouting the law,” said Timothy Whitehouse, executive director of Public Employees for Environmental Responsibility. “There’s no one to hold them to account in Maryland.”

A spokeswoman for Attorney General Brian Frosh said his office would review the complaint, which was signed by Whitehouse and Mike Ewall, executive director of the Energy Justice Network.

Public Service Commission officials said the facilities must notify them if found out of compliance with environmental rules, while at the federal level FERC action on aggregated DERs is shaping market participation, and the commission can then revoke certification under the state renewable energy program. In a statement, commission officials said they would launch an investigation if any facility had failed to notify them of any environmental violations, and encouraged anyone with evidence of such a transgression to file a complaint.

Companies named in the document accused the groups of painting an inaccurate picture.

“This complaint is based on misleading arguments designed to halt waste-to-energy practices that have clear environmental benefits recognized by the global scientific community,” said Jim Connolly, vice president of environment, health and safety for Wheelabrator, which owns a Baltimore trash incinerator.

Maryland launched its renewable energy program in 2004, diversifying the state’s energy portfolio with more environmentally friendly sources of power, even as regional debates over a Maine-Québec transmission line highlight cross-border impacts. Under the program, separate from the electricity they generate and sell to the grid, renewable power facilities can sell what are known as renewable energy certificates. Utilities such as Baltimore Gas and Electric Co. are required to buy a growing number of the certificates each year, essentially subsidizing the renewable energy facilities with money from ratepayer bills.

A dozen types of power generation qualify to sell the certificates: Solar, wind, geothermal and hydroelectric plants, as well as “biomass” facilities that burn wood and other organic matter, waste-to-energy plants that burn household trash and paper mills that burn a byproduct known as black liquor.

The complaint focuses on waste incinerators, biomass plants and paper mills, all of which environmental groups have cast as counter to the renewable energy program’s environmental goals, even as ACORE criticized a coal and nuclear subsidy proposal in federal proceedings.

“By subsidizing these corporations, Maryland is diverting the hard-earned income of Maryland ratepayers to wealthy corporations with poor environmental compliance records and undermining the state’s transition to clean renewable energy,” Whitehouse and Ewall wrote.

For example, they note that the Wheelabrator plant in Southwest Baltimore has been fined for exceeding mercury limits in the past. That occurred in 2011, when the plant settled with state regulators for violations in 2010 and 2009.

Connolly said there is “no question” the facility complies with Maryland’s renewable energy law.

Incinerators in Montgomery County and in Fairfax County, Virginia, that are owned by Covanta and sell the energy certificates in Maryland have been cited for accidental fires inside both facilities. The Maryland incinerator violated emissions rules in 2014, the same year that New Jersey forbade the Virginia facility from selling energy certificates into that state’s renewable energy program over concerns it wasn’t following ash testing regulations.

James Regan, a spokesman for Covanta, said both facilities “have excellent compliance records and they operate well below their permitted limits.” He said the Virginia facility is complying with ash testing requirements, and that both facilities emit far lower levels of pollutants such as particulate matter than vehicles do.

“It’s clear to us there’s a lot of misleading and wrong information in this document," Regan said.

The Environmental Protection Agency endorsed waste-to-energy facilities under former President Barack Obama because, while burning household trash emits carbon dioxide, scientists said that still had a smaller impact on global warming than sending trash to landfills, even as industry groups have backed the EPA in a legal challenge to the ACE rule as regulatory approaches shifted.

Environmentalists and community groups say the facilities still are harmful because they emit high levels of pollutants such as mercury, nitrogen oxides and lead. The concerns prompted Baltimore City Council to pass an ordinance in February that tightened emissions limits on the Wheelabrator facility, even as the new EPA pollution limits for coal and gas plants are being proposed, so dramatically that the company said it would no longer be able to operate once the rules go into effect in 2022.

The complaint does not mention the century-old Luke paper mill in Western Maryland that long faced criticism for its participation in the renewable energy program, but which owner Verso Co. closed this year.

It does say several of paper company WestRock’s mills in North Carolina and Virginia have faced both formal and informal EPA enforcement actions for violation of the Clean Water Act, including evolving EPA wastewater limits for power plants and other facilities, and the Clean Air Act. A WestRock spokesperson could not be reached for comment.

The complaint also says a large biomass facility in South Boston, Virginia, owned by the Northern Virginia Electric Cooperative has a record of noncompliance with the Clean Air Act over three years.

John Rainey, the plant’s operations director, said it “experienced some small exceedances to its permit limits,” but that it addressed the issues with Virginia environmental officials and has installed new technology.

All those plants have sold credits in Maryland.

Whitehouse said the environmental groups’ goal is to clean up Maryland’s renewable energy program. They did not file a lawsuit because he said there was no clear cause of action to take the state to court, but said he hopes the complaint nonetheless spurs action.

“It’s not acceptable in a clean energy program that we’re subsidizing some of the most dirty sources of energy,” he said. “Those sources aren’t even in compliance with the law, and no one seems to care.”

 

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